[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4486]
[Federal Register: February 28, 1994]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 95
[Docket No. 92-135-2]
Importation of Hoofs
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the animal byproduct importation regulations
to allow hoofs that have been disinfected in their country of origin to
be imported into the United States without further processing.
Currently, certain hoofs imported into the United States must be
consigned from the port of first arrival to an approved establishment
having facilities for their disinfection. We have determined, however,
that hoofs that have been adequately disinfected in their country of
origin may be imported into the United States without risk of
introducing disease. This change in the regulations will give importers
of hoofs that require disinfection a choice between importing
disinfected hoofs and importing unprocessed hoofs for disinfection in
the United States.
EFFECTIVE DATE: March 15, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. John H. Gray, Senior Staff
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 756, Federal Building,
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 95 (referred to below as ``the
regulations'') contain restrictions on the importation into the United
States of certain animal byproducts and hay and straw in order to
prevent the introduction of certain animal diseases. Among the
regulated animal byproducts are animal hoofs, which, along with bones
and horns, may be imported subject to the restrictions contained in
Secs. 95.11 and 95.12.
On July 13, 1993, we published in the Federal Register (58 FR
37669-37670, Docket No. 92-135-1) a proposal to amend the regulations
to allow hoofs that have been disinfected in their country of origin,
using one of five approved disinfection methods specified in the
proposed rule, to be imported into the United States without additional
treatment. We proposed to require that the hoofs be accompanied by a
certificate issued by the national government of the country of origin
and signed by an official veterinary inspector of that country stating
that the hoofs have been disinfected and describing the manner in which
the disinfection was accomplished.
We solicited comments concerning our proposal for a 60-day comment
period ending September 13, 1993. We received one comment by that date,
from a veterinary medical association. The comment fully supported our
proposed rule.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule without
change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. This rule removes
restrictions on the importation of hoofs by allowing hoofs that have
been processed in their country of origin to be imported into the
United States without further processing. We have determined that
approximately 2 weeks are needed to ensure that Animal and Plant Health
Inspection Service personnel at ports of entry receive official notice
of this change in the regulations. Therefore, the Administrator of the
Animal and Plant Health Inspection Service has determined that this
rule should be made effective 15 days after publication in the Federal
Register.
Executive Order 12866 and Regulatory Flexibility Act
We are issuing this rule in conformance with Executive Order 12866.
Based on information compiled by the Department, we have determined
that this rule: (1) Will have an effect on the economy of less than
$100 million; (2) will not adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (3) will not create a serious inconsistency
or otherwise interfere with an action taken or planned by another
agency; (4) will not alter the budgetary impact of entitlements,
grants, user fees, or loan programs or rights and obligations of
recipients thereof; and (5) will not raise novel legal or policy issues
arising out of legal mandates, the President's priorities, or
principles set forth in Executive Order 12866.
We have required certain hoofs imported into the United States to
be consigned directly from the port of entry to an approved
establishment that has facilities for their disinfection. This rule
will allow hoofs to be imported into the United States without further
processing if the hoofs have been disinfected using an approved method
in their country of origin. We believe that adding this option will
have little or no economic impact on U.S. importers of hoofs because it
will not significantly decrease their cost of doing business. The
primary impact on these importers will be the added convenience of
having two importation options from which to choose.
The primary use of disinfected hoofs appears to be in the
production of dog chews, but that industry is still in its infancy and
is rather small in terms of production and numbers of producers. Based
on information available to the Department, we estimate that there are
currently fewer than 10 importers of hoofs and approximately 6
producers of dog chews made from hoofs. Using the Small Business
Administration's size criteria of fewer than 100 employees, all of
these businesses would be considered small entities.
We believe that a few of these businesses receive hoofs from both
foreign and domestic sources. Because the industry is small and
relatively new, however, there are no records available concerning the
number of hoofs imported into the United States or the levels of dog
chew production.
The facilities in which hoofs are disinfected handle a variety of
items, with hoofs making up only a small percentage of the total volume
of products processed. Therefore, we anticipate that allowing hoofs to
be processed in their country of origin will have little, if any,
economic impact on domestic processors in terms of lost volume and
revenue.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this final rule will be submitted for approval to the
Office of Management and Budget.
List of Subjects in 9 CFR Part 95
Imports, Livestock, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 95 is amended as follows:
PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES
1. The authority citation for part 95 is revised to read as
follows:
Authority: 21 U.S.C. 111, 136, and 136a; 31 U.S.C. 9701; 7 CFR
2.17, 2.51, and 371.2(d).
2. Section 95.11 is amended as follows:
a. The section heading is revised as set forth below.
b. The undesignated text of the section is designated as paragraph
(a).
c. A new paragraph (b) is added to read as set forth below.
Sec. 95.11 Bones, horns, and hoofs for trophies or museums;
disinfected hoofs.
* * * * *
(b) Clean, dry hoofs disinfected in the country of origin may be
imported without other restrictions if the following conditions are
met:
(1) The hoofs have been disinfected using one of the following
methods:
(i) Dry heat at 180 deg.F (82.2 deg.C) for 30 minutes;
(ii) Soaking in boiling water for 20 minutes;
(iii) Soaking in a 0.1 percent chlorine bleach solution for 2
hours;
(iv) Soaking in a 5 percent acetic acid solution for 2 hours; or
(v) Soaking in a 5 percent hydrogen peroxide solution for 2 hours.
(2) The hoofs are accompanied by a certificate issued by the
national government of the country of origin and signed by an official
veterinary inspector of that country stating that the hoofs have been
disinfected and describing the manner in which the disinfection was
accomplished.
Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4486 Filed 2-25-94; 8:45 am]
BILLING CODE 3410-34-P
